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(영문) 부산지방법원 2015.05.28 2015고단2096
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 29, 2014, around 14:00-16:00 to 16:00 on April 29, 2014, the Defendant was deprived of the police officer’s property to be stolen through his/her main window in the above residence and did not commit attempted crimes while he/she intruded the victim D, who was located in Busan Yan-gu C, with his/her residence.

2. Night theft;

A. On March 22, 2015, at around 19:30 to 21:35, the Defendant opened a gate that was not corrected in the victim F’s residence in Busan Y, and intruded up to the inner bank, and subsequently, the Defendant stolen KRW 874,00,000 in total, KRW 70,000 in cash located in the wall and the receipt book of KRW 874,00 in cash located in the front region.

B. On March 23, 2015, the Defendant was above the Defendant around 17:30 to 21:20.

The victim F, which is the same place as the paragraph, intrudes into the inner room in the same manner as the above paragraph (a), and 80,000 won in cash in the middle of the sexual harassment was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A written statement of F and D;

1. Photographs, reports on the results of field identification, and on-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (in relation to attaching photographs of the scene of damage, and attaching pictures of the suspect's exercise pictures);

1. Relevant legal provisions concerning facts constituting an offense and Articles 330 (1) (the occupation of larceny at night), 342, 329, and 319 (1) (the occupation of larceny and the choice of imprisonment), and 319 (1) (the occupation of intrusion upon residence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, the first type of crime (the conditions favorable to the defendant among the reasons for sentencing) (the scope of recommending punishment) / [the scope of recommending punishment] the fourth type of crime (the fourth to one year) and the special mitigation area (one year to one year), [the special mitigation area) / [the scope of recommending punishment] the living-type crime, the second type of crime (the fact of crime No. 2-B) which is not subject to punishment [the scope of recommending punishment] the special mitigation area (the 4 months to six months) for general property.

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